Laws by state / Delaware

Delaware landlord and tenant rules

The figures that decide most disputes between Delaware landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research
RuleDelawareStatuteTool
Maximum security deposit1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished unitsDel. Code tit. 25, § 5514(a), (e)-(g), (i)Deposit rules
Deposit return deadline20 days after expiration or termination of the rental agreement (itemized list of damages and refund of the balance)Del. Code tit. 25, § 5514(a), (e)-(g), (i)Deposit rules
Interest on the depositNot requiredDel. Code tit. 25, § 5514(a), (e)-(g), (i)
Maximum late fee5% of monthly rent after a 5-day grace periodDel. Code tit. 25, § 5501(d)Late fee calculator
Landlord notice, month-to-month60 daysDel. Code tit. 25, § 5106(c)-(d); § 5107; § 5502(a)Notice calculator
Tenant notice, month-to-month60 daysDel. Code tit. 25, § 5106(c)-(d); § 5107; § 5502(a)Notice calculator
Rent increase notice60 daysDel. Code tit. 25, § 5106(c)-(d); § 5107; § 5502(a)Notice calculator
Pay-or-quit notice7 daysDel. Code tit. 25, § 5106(c)-(d); § 5107; § 5502(a)Notice calculator
Rent increase capNone statewide

Security deposits in Delaware

Delaware limits security deposits to 1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished units. The deposit must be returned 20 days after expiration or termination of the rental agreement (itemized list of damages and refund of the balance). No interest is owed on the deposit under state law. Deposit must be held in a designated escrow account at a federally insured institution with a Delaware office; no interest is required. Failure to return or itemize within 20 days entitles the tenant to double the amount wrongfully withheld. No 2024-2026 amendments to § 5514 found (history line ends at 79 Del. Laws c. 57). Separately, SS1 for SB 116 (85 Del. Laws c. 436, signed Aug 18, 2026, effective Sept 1, 2026) amended § 5502(a) to lengthen the nonpayment demand period from 5 to 7 days and created a right of redemption (paying all rent due before filing bars a possession action); the delcode.delaware.gov text read already shows 7 days. Full deposit rules and move-out checklist.

Late fees in Delaware

Delaware caps late fees at 5% of the monthly rent. Rent must be at least 5 days late before any fee may be charged. Calculate the maximum fee.

Notice periods in Delaware

A Delaware landlord must give 60 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 60 days’ notice. For nonpayment, the landlord must serve a 7-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Sources

Frequently asked questions

How much can a landlord charge for a security deposit in Delaware?

1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished units. Deposit must be held in a designated escrow account at a federally insured institution with a Delaware office; no interest is required. Failure to return or itemize within 20 days entitles the tenant to double the amount wrongfully withheld. No 2024-2026 amendments to § 5514 found (history line ends at 79 Del. Laws c. 57). Separately, SS1 for SB 116 (85 Del. Laws c. 436, signed Aug 18, 2026, effective Sept 1, 2026) amended § 5502(a) to lengthen the nonpayment demand period from 5 to 7 days and created a right of redemption (paying all rent due before filing bars a possession action); the delcode.delaware.gov text read already shows 7 days.

What is the maximum late fee for rent in Delaware?

5% of monthly rent. A late charge may not exceed 5% of the monthly rent and may not be imposed within 5 days of the agreed due date. If the landlord does not maintain an office or other permanent place in the county where rent may be paid, the due date is extended by 3 more days. Late charges are treated as additional rent.

How much notice does a landlord have to give a tenant to move out in Delaware?

60 days’ written notice for a month-to-month tenancy. 60 days' written notice by either party; the 60-day period begins on the first day of the month following actual notice (§ 5106(d), as amended by 83 Del. Laws c. 203). For fixed-term leases, 60 days' notice before expiration (§ 5106(c)).

How long is a pay-or-quit notice in Delaware?

7 days. The tenant can stop the eviction by paying the full amount within that time.

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